Clallam County Shoreline Master Program (SMP) Update

Transcription

1 Title Level 1 Title Level 2 Clallam County Shoreline Master Program (SMP) Update Clallam County Board of County Commissioners October 30, 2017

2 Clallam County Shoreline Master Program: In effect for Over 40 years, with nine revisions.

3 Shoreline Management Act Goals Encourage water-dependent & priority uses Protect natural resources Promote public access

4 Increase protection of lives and property from flood, channel migration, landslide damage, and other environmental hazards Strait of Juan de Fuca

5 Authority Shoreline Management Act (RCW 90.58) Shoreline Master Programs Guidelines (WAC ) Shoreline Management Permit and Enforcement Procedures (WAC )

6 State SMP Update Guidelines WAC PART III - GUIDELINES (100 pages of guidelines!) Authority, purpose, and effects of guidelines General policy goals of the act and guidelines for shorelines of the state Special policy goals of the act and guidelines for shorelines of statewide significance Governing principles of the guidelines Master program contents Comprehensive process to prepare or amend shoreline master programs Environment designation system General master program provisions Shoreline modifications Shoreline uses Shorelines of statewide significance. Lake Pleasant, 2005

7 Key Standards Inventory and characterize current shoreline conditions and ecological functions. Apply new scientific information about managing & protecting our shorelines. Accommodate future development while protecting the ecological functions ( No Net Loss ) of our shorelines. Assessment of reasonably foreseeable cumulative impacts Identify areas appropriate for restoration and preservation Align better with the County s comprehensive plan and other current environmental & land use laws. Protect Critical Areas within the shoreline jurisdiction.

8 Relationship to Other Plans & Regulations Considers planned uses consistent with the County s comprehensive plan and zoning. Must still comply with other applicable provisions of county, state and federal regulations. County zoning, subdivision building, health and other regulations still apply. Regulation of critical areas located within the shoreline jurisdiction will be done solely through the updated SMP.

9 Governing Principles Protect Shoreline Ecological Functions Use a process that identifies, inventories, characterizes existing shoreline conditions and ecological functions. Include policies and regulations that require mitigation of adverse impacts in a matter to ensure no net loss of shoreline ecological functions through avoidance, minimization, and compensation of impacts. Restore impaired ecological functions where such opportunities have been identified, consistent with the shoreline restoration plan.

10 Governing Principles Achieve policy goals through a diversity of means: Regulation Voluntary public or private restoration of shoreline ecological functions Acquisition of lands and/or easements by purchase or gift for protecting shoreline functions Increasing public access to the shoreline Incentive programs Implementation must consider consideration of the Public Trust Doctrine, regulatory takings, and other applicable principles as appropriate. Regulation private property must be consistent with all relevant constitutional and other legal protections. Balance the policy goals of the SMP with other relevant local, state and federal regulatory and non-regulatory programs.

11 Steps to updating an SMP SEPA Environmental Review (October 2017) June , 2014, & June 2017 Updated Completed 2012 Completed 2011 Completed 2011

12 Shoreline Master Program applies to: All 39 counties and more than 200 cities that have "shorelines of the state" Shorelines of the state include: Dickey Lake, 2006 All marine waters; Streams greater than 20 cubic feet feet per second mean annual flow; Lakes 20 acres or larger; Adjacent shorelands

13 Shorelands include: Lands within 200 feet of ordinary high water mark or floodway (where mapped), whichever greater. Associated Wetlands (e.g. wetlands in floodplain) River Deltas Up to the full extent of the 100-year floodplain (propose all) Critical areas & buffers** Hoko R. mouth, 2006 * *Critical areas (e.g., wetlands, geologic hazard areas, other non-smp streams, floodplains, habitat conservation areas, critical aquifer recharge areas) and any associated buffers when overlapping or otherwise coincident with SMP shorelines and adjacent shorelands.

14 Areas Covered by the SMP

15 Areas covered by the SMP

16 Area Covered by the SMP

17 Area Covered by SMP: Option to include lands necessary for buffers for critical areas.

18 Landslide Hazard Area--Critical Area Buffer Example 200 feet

19 Area covered by Clallam Co. SMP Approximately 4.5% of County subject to Draft SMP Most marine areas to County/State jurisdictional line Port Angeles and Sequim have own SMP. Forks will consider adopting County SMP. National Park and Tribal Reservation/ Trust lands are excluded

20 General Map Showing Approximate Shoreline Jurisdiction (Does not show extent into marine waters)

21 Chapter 2 - Shoreline Environmental Designations (SED)

22 What are Environment Designations? Map that classifies shoreline areas into specific Shoreline Environmental Designations (SEDs). Provides a framework for tailoring shoreline policies and regulations to different shoreline segments based on their characteristics. Similar to concept of land use zoning, but specific to the land and water areas subject to the SMP. New shoreline uses and development must still comply with County zoning and other applicable regulations.

23 State Guidelines (WAC ) State System: State classification system consists of 6 basic environments: High intensity Shoreline residential Rural conservancy Urban conservancy Natural Aquatic Alternative System: May establish different classification system or retain current system, provided consistent with state system. of basic environments in WAC (5).

24 State Guidelines (WAC ) For each SED, the SMP must have: Classification criteria Purpose statement Management Policies Environment-specific regulations. Examples: Types of shoreline uses, development and modifications that are permitted, conditionally permitted, and prohibited in each SED Shoreline buffers Others

25 Assigning Designations Vegetation & habitat Shoreline modifications Hazards Lot size & shape Future development potential Existing land use Shoreline Environment Designation Risk that development will affect functions

26 Shoreline Environmental Designations (SEDs) Existing Designations Natural Conservancy Rural Suburban Urban Proposed Designations Aquatic Natural Resource Conservancy Shoreline Residential -- Conservancy Shoreline Residential -- Intensive Marine Waterfront

27 Existing Shoreline Environmental Designation (SED) Map Under 1976 SMP (as amended)

28 Existing Designations

29 Existing Designations

30 Aquatic Designation Waterward of the ordinary high water mark (OHWM) of marine and freshwater water bodies (subject to the SMP) together with their underlying lands and their water column.

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32 Natural (Dungeness Bay)

33 Resource Conservancy (Upper Dungeness River)

34 Resource Conservancy (Calawah & Bogachiel Confluence)

35 Resource Conservancy (Pillar Pt.)

36 Shoreline Residential Conservancy (Tyler View Road)

37 Shoreline Residential - Conservancy (Dungeness River)

38 Shoreline Residential-Conservancy (Sequim Bay)

39 Shoreline Residential Conservancy (Bogacheil & Sol Duc River Confluence into the Quillayute River)

40 Shoreline Residential Conservancy (West Bank of Sol Duc Gaydeski Rd Area)

41 Shoreline Residential Intensive (along shoreline & road). Associated Wetland Area Shoreline Residential - Conservancy Shoreline Residential-Intensive (3 Crabs Rd. Area)

42 Shoreline Residential - Intensive Photo: Ecology Coastal Atlas Elwha R. Lake Sutherland

43 Wetland Area Shoreline Res. - Conservancy Shoreline Residential Intensive (Diamond Pt.)

44 Shoreline Residential - Intensive (Vista Drive, Hoko River)

45 Marine Waterfront (Clallam Bay-Sekiu)

46 Proposed Shoreline Environment Designations (SED) and Maps Aquatic Natural (~ 8%) Resource Conservancy (~ 65%) Shoreline Residential Conservancy (~ 23%) Shoreline Residential Intensive (~ 3%) Marine Waterfront (~1%)

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50 Dungeness Bay Area SED Map 7

51 Permitted (p), Conditional (c) and Prohibited (x) uses for each SED Shorelines uses must also be permitted uses under the Clallam County Zoning Code, Title 33 CCC

52 Residential Development New single-family residences are on existing lots of record are allowed in all designations New residence are not allowed in, over, or on the water (no floating residences) Homes must be located outside of (landward of) shoreline and critical area buffers

53 Existing developments are not affected unless: New clearing or grading Expansion of the structure New/replacement structures Redevelopment

54 Existing and Grandfathered Uses Existing, legally-established single-family residences and accessory structures are grandfathered and considered conforming uses. All lawfully established uses may continue and may be repaired, maintained, expanded or modified consistent with the SMP.

55 Rebuilding after Damage If a grandfathered residential structure or accessory structure sustains structural damage due to fire, flood or other natural casualty it can be reconstructed: Sites in hazardous areas may require geotechnical evaluation Sites in the floodplain subject to National Flood Insurance Program Requirements

56 Expansion of Grandfathered Single- Family Residential Uses 3 tiers Requirements are tiered to the degree of expansion Administrative Approval: 400 sq. ft or less (one time enlargement) No waterward expansion beyond existing foundation walls into buffer No adverse impact to critical areas (e.g., wetlands) No significant impairment to the ability of a substantial number of people view of shoreline Equivalent area enhanced Conditional Use Approval: Expansions and additions that do not meet all of the above criteria where occurs laterally or landward, but not waterward. Variance Required: Expansion does not meet all of above administrative criteria and extend waterward beyond existing foundation further into buffer.

57 QUESTIONS?